Records Revealed: Photo Wish List for Local School Districts and Boards

By Fred Johnson and Susan Bassi 

Public debates, concerning school board meetings and book bans, recently prompted journalists from the Vanguard to educate school-aged children and elderly citizens interested in local government by familiarizing them with the power of public records and their potential revelations. Two local agencies were selected for a public records audit: the Los Gatos-Saratoga Joint Union High School District and the Santa Clara County Fire Department Headquarters. Initially the request was for records related to the raising and lowering of the flag.

A visit to the school district for records, pertaining to decisions related to raising and lowing the flag on district properties, indicated district staff and the attorney advising staff on issues related to public access did not appear to understand the law pertaining to a public records request and why it is important.

California’s Public Records Act entitles members of the public to access, inspect, and copy public records by visiting a state or local agency during normal business hours. However, an investigation into this law reveals that numerous state and local agencies have obscured records within databases or outsourced them, rendering on-site inspections nearly impossible.

During an initial visit to the district, the receptionist, who had just begun working in the office, pleasantly greeted the Vanguard. However, after admitting she lacked the know-how to handle the request, she sought assistance from a supervisor.

Trisha Zarevich, the Executive Assistant to the Superintendent and Board of Trustees, emerged to inquire about the request. Her demeanor was not welcoming. She appeared defensive and suspicious. Zarevich immediately suggested using a website for information, emphasizing that requests were “free.”

As she sought to deter the in-person request, a photo of board trustee, Alex Schultz, an exceptional Los Gatos science teacher and son of former Secretary of State George Schultz, hung over Zarevich’s shoulder.  George Shultz died in 2021, at the age of 100. His grandson, Alex Schultz’s son, Tyler, was the whistleblower who exposed Theranos for the company’s fraudulent technology scheme.   In 2017 Tyler was the recipient of a First Amendment Coalition “FAC” Whistleblower Award.  Information known only to journalists with local knowledge.

After the Vanguard persisted in requesting access to records within the office, Zarevich left the lobby, promising to return only after noting the lobby and public area ended “at the carpet.”

In her absence, written records requests were imagined. The district’s website would provide records that could be remotely accessed.  Transparent California could provide insight into Zarevich’s public pay.  However, a written request would go beyond the simple flag handling request and would be submitted as follows:

“Pursuant to California’s Public Records Act, the following records are requested for the time period 2019 to production:

1. All records showing public records requests, logs, and policies.
2. All records show books purchased by the district from 2019 to production. Responsive records should include the book title, author, and all financial records and contracts related to book purchase, sale, or donation.
3. All records related to funds the district received during the pandemic from any state, federal or nonprofit agency.
4. All records reflecting the voting record of the trustees, including any recusals.
5. All records pertaining to no-bid contracts.
6. All records related to virtual meetings and class instruction including financial records, training, internal communications, parent communications and public notices.
7. All records pertaining district’s policies and procedures for various operational aspects, including flag-raising, book procurement, public records handling, teacher/administrator complaints and any records related to civil harassment lawsuits or threat assessment records.
8. All records related to district policies related to the management of US Mail and emails.
9. All records related to risk assessments for external or internal threats and safety as it relates to staff and students. This would include records related to risk assessment, threats, and training records as they may relate to mass shootings, mental health, domestic violence, and suicide information. Responsive records should include training provided to staff and any and all public notices sent to parents, law enforcement or community members including elected officials and town employees.
10. All records related to any legal services retained or paid for by the district. Responsive records should include the attorney retained, all public communication records and all financial records evidencing the name of the attorney, contracts with the attorney and payment to the attorney or their law firm if not an in-house attorney.
11. All records that define the district lobby’s pubic area.
12. All records related to public photography at all facilities managed and supervised by the district.
13. All records show any and all subscriptions the district pays for or generates income from related to newspapers, news outlets, social media or online platforms.

We are unfamiliar with the records that may exist responsive to this request and remind you of your obligation to assist us in obtaining records that may be responsive to this request. Should you need clarity, please feel free to contact us. Should there be a cost of over $1, please provide the expected cost and how it was derived. If you determine responsive records should be withheld or redacted, please provide the legal reason. “

Upon Zarevich’s return, she noted she had made a great effort to print out a record related to flag-raising and lowering. She further noted the record was obtained from information provided by a service the district subscribes to.  From the time the request was made, until it was produced, over 45 minutes had passed.

Next week, as part of the Vanguard’s Records Revealed column, we’ll cover the public records inspection made at the Santa Clara County Fire Department Headquarters. Spoiler Alert: It was an educational experience. Employees were helpful and made a records request look exactly as it should. 

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